Targeted Disabilities

Employees with targeted disabilities represented 0.99% of the
total government workforce in FY 2004, and of agencies with a
permanent workforce of 500 or more, the Equal Employment
Opportunity Commission, at 2.23%, had the highest percentage of
employees with targeted disabilities. At DOJ, employees with
targeted disabilities represented 0.39% of the total workforce.

EEO Complaint Processing

Counseling

There were 1,835 instances of pre-complaint counseling
(performed by EEO counselors and/or ADR intake officers). DOJ
timely processed 95.1% of the total number of counselings.
Following counseling, 610 formal complaints of discrimination were
filed.

Alternative Dispute Resolution

Of DOJ's 1,835 instances of counseling, ADR was offered 43.2% of
the time; the parties elected to participate in 4.6% of the
completed counselings; and 39.0% of the ADR closures were resolved
through settlements or withdrawals.

At the formal complaint phase, DOJ offered ADR 11.1% of the
time; the parties elected to participate in 1.4% of the complaint
workload; and 34.6% of the ADR closures were resolved through
settlements or withdrawals.

Processing Times

DOJ completed 55% of its investigations within the regulatory
time frames, with an average processing time of 266 days for all
investigations. In most instances, the

regulations require completion of investigations within 180
days. Of the agencies completing 25 or more investigations, the
Tennessee Valley Authority was the only agency to complete 100% of
their investigations within the regulatory time frames, with an
average processing time of 117 days.

DOJ's average processing time for all complaint closures
decreased from 728 days in FY 2003 to 565 days in FY 2004. The
government-wide average was 469 days.

Pending Inventory

DOJ had a total of 846 complaints pending at the end of FY 2004,
with 36 pending acknowledgment for an average of 71 days; 220
pending investigation for an average of 182 days; and 153 pending
the issuance of final decisions for an average of 362 days.

Costs

DOJ agreed to pay $392,012 for 92 counseling settlements with
benefits, an average $4,261.00 per counseling settled.

DOJ agreed to pay a total of $581,701 for 111 complaint closures
through settlement agreement, final agency decision, and final
agency orders fully implementing AJ decisions. For complaint
closures with benefits, the average award (including back/front
pay, compensatory damages, attorney's fees, and lump sum payments)
was $5,241.

DOJ expended a total of $1,742,139 for 398 complaint
investigations, for an average expenditure of $4,377.

Outcome of Counselings Completed in FY
2004

Counseling Outcomes

Completed by EEO Counselor

Completed Using ADR

All Completed Counselings

#

%

#

%

#

%

Total Instances of Counseling:

1,753

82

1,835

Settlements

63

3.59%

29

35.36%

92

5.01%

Withdrawal/no Complaint Filed

1,063

60.6%

3

3.6%

1,066

58.09%

Complaints Filed*

604

32.91%

Decision to File Complaint Pending
at End of Fiscal Year

73

3.97%

*Includes only complaints filed in FY 2004 where counseling was
also completed during FY 2004.

Agency Use of ADR for EEO Dispute
Resolution

Counselings / Complaints

ADR Offers

ADR Participation

#

#

%

#

%

FY 2003 Pre-Complaint
Counselings

1,711

733

43.00%

83

5.00%

FY 2004 Pre-Complaint
Counselings

1,835

793

43.22%

84

4.58%

Percentage Change FY 2003 to FY
2004

7.24%

8.18%

1.20%

FY 2003 Complaints*

2,049

181

9.00%

30

1.00%

FY 2004 Complaints*

1,850

206

11.14%

26

1.41%

Percentage Change FY 2003 to FY
2004

-9.71%

13.81%

-13.33%

*Includes all complaints filed in the fiscal year, including
those where the counseling was completed in the prior fiscal
year.